LR9-103 NMRA
Local Rule LR9-103. Assignment of judge.
Length: 284 wordsOfficial source
[Related Statewide Rules 1-088 and 5-105 NMRA]
A. Clerk to identify assigned judge at case inception. The name of the judge
before whom a case is to be tried shall appear on the receipt given by the clerk of the
district court on receiving the filing fee. In cases filed in forma pauperis, the clerk of the
district court shall orally notify the person filing of the name of the judge.
B. Assigned judge to preside over criminal proceedings; exceptions. In
criminal proceedings no hearing or proceeding may be heard by any judge other than
the assigned judge, unless
(1)
by consent of the judge to whom the case is assigned and the parties
involved, except in the circumstances described in Subparagraph (2) of this paragraph;
or
(2)
whenever the assigned judge is not available, any judge of the district or
any judge from another district who is present in the county by designation may hear
any default matter, emergency matter, guilty plea, or ex parte matter which may arise. A
judge pro tem may hear any case or matter assigned to the judge, as though the judge
were assigned the case when it was filed.
C. Disclosure of previous submission required. If a matter or proposition has
previously been submitted to a judge, an attorney shall disclose that fact to the judge to
whom it is being subsequently submitted.
D. Failure to disclose. A failure to inform the second or subsequent judge of the
prior submission or submissions may be deemed contempt of court and punished
accordingly.
[LR9-106 recompiled and amended as LR9-103 by Supreme Court Order No. 16-8300-
015, effective for all cases pending or filed on or after December 31, 2016.]